The institute of expropriation as a consequence of military operations: historical and legal analysis

Abstract

As history shows, society has always faced armed conflicts, terrorist attacks, wars, etc. throughout its life cycles. At the same time, in a civilized society, even war is perceived as a phenomenon of legal reality, i.e., it should be conducted strictly within the limits established by existing international legal acts. During military operations, the issues of seizure and further use of the property of the enemy state are relevant, which may be carried out, in particular, through expropriation.
 Expropriation can occur both in peacetime and in wartime, but, as a rule, it is especially important during interstate conflicts, as it is often illegal, as a result of unauthorized seizure of sovereign territories.
 Currently, the issue of expropriation is being widely raised and discussed in the international community with a view to applying it to assets and liabilities belonging to the Russian Federation and its residents in connection with the recognition of the latter as an aggressor against Ukraine and a threat to the peaceful existence of the European continent. 
 In addition, during the military operations of the Russian Federation on the territory of Ukraine, Russia has illegally expropriated a significant amount of both state property and property owned by Ukrainian citizens and other persons on the territories occupied by the aggressor. Such arbitrariness should not be ignored and should not be ignored by international justice institutions, as this raises the risk of further attempts to illegally seize and confiscate property contrary to generally accepted legal norms.
 Despite the fact that the institution of expropriation was known and practiced, in particular, during the First and Second World Wars, in the historical perspective, Russia's current war against Ukraine, which actually began in 2014, should be considered the initial stage of its reform, as a significant number of precedents of legal and illegal forced seizure of property as a result of a military conflict have been and will be created.